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1967 Supreme(Bom) 107

V.M.TARKUNDE
Josephy Santa Vincent – Appellant
Versus
Ambico Industries. – Respondent


JUDGMENT - 1. This petition has been filed with a view to challenge the legality of a decree passed by a Judge of the Bombay Small Cause Court and confirmed by an Appellate Bench of that Court. The property in dispute consists of a godown at Ballard Estate in Bombay. The godown is a part of an extensive estate which belongs to the Bombay Port Trust and which has been leased by the Port Trust to the first respondents Messrs. Ambico Industries. The first respondents let out the godown to the second respondents Messrs. William Jacks and Company Limited. In January 1957 the petitioner Josephy Santa Vincent went into the possession of the godown under an agreement with the second respondents. On August 1, 1959 the second respondents surrendered their tenancy to the first respondents. In April 1960, the first respondents filed a suit against the second respondents in the Bombay Small Cause Court for possession of the godown. The petitioner was not made a party to that suit. An ex parte decree for possession was obtained in that suit by the first respondents in October 1960. When the ex parte decree was sought to be executed an obstruction was offered by the petitioner but the obstruction






























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